The gaps in legislation made in the formulation of rules on hostage taking (article 206) and kidnapping (article 126): problems of law enforcement

As you know, the current criminal Code of the Russian Federation contains an exhaustive list of rules for which the legislator provides for criminal liability. A certain similarity in the design of the elements of different constituents often leads to conflict and competition of individual articles and their provisions in the doctrine of criminal law and practice of application. Recently, there has been a tendency to expand the norms of the Special part of the criminal code of the Russian Federation, which exacerbate this problem. An increase in the number of rules does not always mean their effectiveness, and there is no gap in the current criminal code of the Russian Federation. The article deals with actual problems contained in the legislative structure of the norms providing for criminal liability for hostage-taking and kidnapping. Purpose of the article: This work aims to study the problem of qualification of crimes on the basis of elements of crime, violation of the principle of justice and insufficient individualization of criminal responsibility hostage-taking and kidnapping. The authors aim to demonstrate and specify the existing gaps in the current legislation. Methodology and methods: the article uses a comparative legal research method, as well as a method of interpretation of legal norms, which allow us to better understand the institutions of criminal law and determine the main directions of their development. Conclusions: the problem of imperfections in the current legislation is relevant to study, as evidenced by the judicial practice in criminal cases, discussions and works of legal scholars. The doctrine also notes the need to observe the principle of justice in order to achieve the goals of the criminal law. Problems in the construction of these norms lead to the problem of misqualification of the investigated crimes, and the problem of differentiation of these norms. Application of the results: this article may be of interest to students of higher educational institutions: bachelors, undergraduates, postgraduates who study this area of criminal law, but also this material may be of interest to teachers of law schools, can be used as a guide for the preparation of practical and seminar classes

hostage - taking, kidnapping, gaps in legislation, qualification of crimes, problems of qualification, judicial practice